California's car market is increasingly defined by "computers on wheels." While the Song-Beverly Consumer Warrant Act remains a powerful shield for drivers, the nature of what makes a car a "lemon" has shifted from grinding gears to glitching code.
Software Issues in Modern Warranty Claims
The traditional image of a lemon involved a car that won't start or a transmission that slips. However, many of the most persistent defects are now being found in the Infotainment and Advanced Driver-Assistance Systems.
The legal challenge arises because software glitches are often intermittent. A screen might go black or a safety sensor might "phantom brake" on the highway, yet the vehicle functions perfectly when it reaches the dealership. Under California law, a defect must "substantially impact" the use, value, or safety of the vehicle.
In the past, manufacturers argued that a freezing GPS was a mere "convenience" issue. Today, because these screens control everything from rearview cameras to climate control and even gear selection, a digital failure is increasingly recognized as a safety-critical nonconformity.
New Rules of the Road
Recent legislative updates have changed how consumers must approach their claims. As of July 1, 2025, a "dual-track" system exists depending on whether the car's manufacturer has opted-in to the new procedural rules established by Assembly Bill 1755:
- For many brands, you are now required to send a formal written notice to the manufacturer 30 days before you can file a lawsuit for civil penalties.
- Mediation may now be required before you can ever see a courtroom. This is designed to speed up buybacks, but it can also be a trap for the unrepresented, as it limits the discovery phase that usually exposes a manufacturer's knowledge of a widespread defect.
If your car's brand is on the list, you will be bound by these tighter deadlines. This makes the timing of claim just as important as the deadline itself.
Proving a Lemon Caused by Software Glitches
If your vehicle is spending more time at the dealership for "software updates" than it is in your driveway, you may be protected. The law does not care if the fix is a physical part or a line of code, if the manufacturer cannot fix the issue after a reasonable number of attempts, they must offer a buyback or replacement.
To succeed in this landscape, documentation is everything. Don't just tell the dealer that the screen is giving issues. Demand that they write down the specific circumstances under which the issue took place such as "system rebooted at 65mph", or "backup camera failed in cold weather". These records are the foundation on which your claim is built and needs to be addressed to keep all occupants of the vehicle safe.
Get Professional Assistance
Dealing with new technology and updated legislation can be overwhelming and confusing for drivers. This is why consulting a California lemon lawyer has become a necessity rather than an optional step. A lawyer can help you determine which "track" your vehicle falls under and ensure that your pre-suit notices meet the strict standards.
By staying proactive with your documentation and understanding whether your vehicle's manufacturer is following the traditional or expedited legal track, you can turn a frustrating luxury paperweight back into a fair settlement.
Members of the editorial and news staff of Law&Crime were not involved in the creation of this content.
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